What dollar figure could I expect on my husbands auto accident insurance claim?
My husband was involved in an auto accident almost 9 months ago which totaled his truck, but he luckily made it out alive. We found an attorney to handle his case and it’s coming close to the end. The uninsured driver hit and ran, but was caught. He has been receiving medical treatment for his back injury including injections, rhizotomies, chiropractor appts., serious meds (now the morphine patch). He hasn’t been back to work since. Worker’s comp has been paying the medical bills, but my husband still cannot return to work and it has been the worst first year of marriage I could imagine. He’s miserable and it’s making our life miserable. The woman who hit him was uninsured, but her parents insurance is picking up the claim. Since he cannot return to work and there is no surgery to “fix” the problem and we’ve been disgustingly miserable due to pain ever since, does anyone have a rough idea of what kind of $ amount we would expect? There’s structural damage to my husband’s back.
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It depends. My husband had a similar accident, and he is also an insurance adjuster, so I hear about this kind of thing a lot. His lawyer can claim that you have loss of companionship, since your husband cannot do the same type of things he once did with you, and that can add to the award settlement. Also, they would have to pay for all of his medical expenses and treatments, so that would be a hefty sum. It’s really hard to say, but I would talk to the lawyer and see what they have to say about it. Since he can no longer work, I would think you would probably get a pretty large settlement. Good luck!
Well it all depends on the insurance company sometimes they only want to pay for the medical bills but not the compensation for the client. In your case they should give him a pretty good amount of money you should try and talk to your lawyer. Remember all lawers get the 3rd part of the settlement. Trust me I work for a law firm.
Policy limit. You’re not going to get more than the policy limit. Your attorney should have an idea what that is.
Since you decided to hire an attorney to represent you regarding this matter, this is the person you will have to ask regarding these matters, not us.
You have an attorney. You are going to be paying that attorney 1/3–1/2 of your settlement + expenses.
Ask him.
The employer/WC carrier is paying benefits, including medical
treatment and wage loss. When the MVA/3rd party claim settles, the
Employer/Carrier will be reimbursed the money they have paid in
benefits out of any recovery you may see in the personal injury
claim. You would be eligible for pain and suffering, punitive
damages etc IF there were insurance coverage provided by the
other/liable party. Up to the policy max. Beyond that, you’d have
to go after the person/persons seperately. Which would be rare. The
medical and wage loss benefits will continue under the work comp
claim, even after the personal injury/MVA case settles. Any award
of indemnity in the comp claim will be based on the resulting
impairment or partial permenent disability as determined by the WC
rules. The treating physician will evaluate and rate him once he is
determined to have reached a stable condition, or MMI. You can’t
determine the potential value of a settlement here until he is MMI,
rated and released to return to work. Discuss your options and
questions with the attorney… don’t try to second guess the plan
by accepting the information on a message board. WC laws are state
specific, what you read here is generic at best and may or may not
be relative to your situation.
I should add however, YOU are not entitled to ANY money from the
comp claim… those checks will come in your husbands name only.
You have no expectation of recovery in either case. Don’t be trying
to figure where you’ll spend that money all at once… it’s not
going to be nearly as much as you might anticipate.